The Cadillac Tax, part of the original ACA legislation, was originally scheduled to go into effect in 2018, and was subsequently repeatedly delayed. Always unpopular on both sides of the aisle, there is little chance of it being re-introduced anytime soon.

The signed legislation also included the repeal of two other unpopular ACA taxes: the Health Insurance Tax, HIT (repeal becoming effective in 2021), and the Medical Device Tax (repeal effective in 2020).

Individual Mandate Court Decision

In December, the federal Fifth Circuit Court of Appeals affirmed a lower court decision that the Individual Mandate was unconstitutional. The practical impact of the decision is unclear, as the appeals court handed the decision back to the lower court to assess the impact on other provisions of the Affordable Care Act. Health policy experts confidently predict that the whole issue is likely headed to the Supreme Court later this year, with a final decision not likely until 2021.

Impact

These decisions at the federal level will not have an impact anytime soon. However, the California Individual Mandate became effective January of this year.

Claremont has several HR Compliance partners who can help brokers and employers navigate the changing healthcare reform landscape. See the HR Compliance section on our partner page for company descriptions and contacts.